Midjourney Accuses Disney of Trying ‘Have It Both Ways’ with AI
Midjourney has condemned Disney and argued that the company has no power to prevent AI training on its works in an explosive first response to its lawsuit.
In June, Disney and Universal filed a joint lawsuit against the generative AI company, accusing it of widespread copyright infringement in a case that could help redefine Hollywood’s copyright rules.
On Thursday, Midjourney issued its first response, claiming that AI training is protected under “fair use” provisions in U.S. copyright law.
In a filing submitted to the U.S. District Court for the Central District of California, Midjourney’s attorneys say the company operates within fair use limits and accused Disney and Universal of also benefiting from generative AI.
The filing states that Midjourney is widely used by visual effects companies and other vendors working with Disney and Universal. Lawyers for Midjourney also cited Disney CEO Bob Iger’s praise of AI during the company’s annual meeting in March, where he said the “technology is an invaluable tool for artists.”
Midjourney claims “many dozens” of its subscribers use email addresses connected to Disney and Universal, suggesting the studios’ employees also use the platform. The company argued the studios are attempting to “have it both ways” — using AI tools themselves while taking legal action against Midjourney.
“Plaintiffs cannot have it both ways, seeking to profit — through their use of Midjourney and other generative AI tools — from industry-standard AI training practices on the one hand, while on the other hand accusing Midjourney of wrongdoing for the same,” the filing states.
The lawsuit from Disney and Universal focuses on AI-generated images they say are substantially similar to their copyrighted works. Examples include characters from Star Wars, Frozen, The Simpsons, and Despicable Me, as well as Buzz Lightyear, Iron Man, Bart Simpson, and Yoda. The studios allege these outputs are the result of a deliberate strategy by Midjourney to profit from their creations.
Midjourney says its terms of service prohibit infringement of intellectual property rights, and that producing images similar to existing works is not enough to prove infringement.
“Copyright law does not confer absolute control over the use of copyrighted works,” the filing says. “The limited monopoly granted by copyright must give way to fair use, which safeguards countervailing public interests in the free flow of ideas and information.”
Image credits: All photos via court documents.
